Davis et al v. TitleMax of Alabama, Inc. et al
| Jimanika West, Kimberly Taylor, Jessica Davis and Erika Brinkley |
| TitleMax of Alabama, Inc. and TMX Finance, LLC |
| 1:2019cv00007 |
| January 11, 2019 |
| US District Court for the Southern District of Alabama |
| Sonja F Bivins |
| Kristi K DuBose |
| Bert W Milling |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 29, 2019. A more recent docket listing may be available from PACER.
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Filing 31
Order re: #30 MOTION to Dismiss - the Telephone Conference scheduled for 1/31/19 has been CANCELLED. Signed by Magistrate Judge Sonja F. Bivins on 1/29/19. (mpp) Copies to counsel
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| Filing 30 MOTION to Dismiss by All Plaintiffs. (Fuller, Jacob) |
| MOTIONS REFERRED: #30 MOTION to Dismiss to Judge DuBose (nah) |
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Filing 29
Order setting a telephone conference for 1/31/2019 at 02:00 PM before Magistrate Judge Sonja F. Bivins. Call-in information to be sent to attorneys under separate cover. Signed by Magistrate Judge Sonja F. Bivins on 01/17/2019. (nah)
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| Filing 28 This action has been transferred from the docket of Magistrate Judge Bert W. Milling, Jr and is now assigned to the docket of Magistrate Judge Sonja F. Bivins. To ensure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-B after the case number on all future pleadings. (clr) |
| MOTIONS REFERRED: #11 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by TMX Finance, LLC., referred to Judge Sonja F. Bivins. (clr) |
| Filing 27 Attorney Admission Letter mailed to Susan Glasscock Copeland; Admission Application & ECF Registration due by 1/18/2019. (nah) |
| Filing 26 Case transferred in from District of Alabama Middle; Case Number 2:17-cv-00488. Original file certified copy of transfer order and docket sheet received. |
| MOTIONS REFERRED: #11 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by TMX Finance, LLC - Referred to Judge Bert W. Milling, Jr. (nah) |
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Filing 25
OPINION AND ORDER: it is ORDERED that the dfts' #10 motion to transfer be and is hereby GRANTED and that this case be and is hereby transferred to the United States District Court for the Southern District of Alabama; DIRECTING the Clerk to take the necessary action to transfer this case to the United States District Court for the Southern District of Alabama. Signed by Honorable Judge Emily C. Marks on 1/7/2019. (wcl, ) [Transferred from Alabama Middle on 1/11/2019.]
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| Case transferred to Southern District of Alabama; Electronically transferred via CM/ECF to Clerk. (No pdf attached to this entry) (wcl, ) [Transferred from Alabama Middle on 1/11/2019.] |
| ***Attorney John C. Guin added for Erika Brinkley,John C. Guin for Jessica Davis,John C. Guin for Kimberly Taylor,John C. Guin for Jimanika West. (dmn, ) (NO PDF, see Doc. #24 for pdf.) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 24 RESPONSE TO ORDER TO SHOW CAUSE by Erika Brinkley, Jessica Davis, Kimberly Taylor, Jimanika West re #23 Order to Show Cause,, Terminate Motions,. (Fuller, James) [Transferred from Alabama Middle on 1/11/2019.] |
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Filing 23
ORDER directing Plaintiffs TO SHOW CAUSE why, at this juncture, the #10 Motion to Transfer Venue should not be granted. Show Cause Response due by 12/21/2018. The defendant may file a reply to any response filed by the plaintiffs on or before 1/11/2019. It is further ORDERED that the plaintiffs' #15 Motion to Stay be and is hereby DENIED as moot. Signed by Honorable Judge Emily C. Marks on 11/30/2018. (dmn, ) [Transferred from Alabama Middle on 1/11/2019.]
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Filing 22
TEXT ORDER VACATING #14 Order Referring Case to Magistrate Judge. Signed by Honorable Judge Emily C. Marks on 8/13/18. (NO PDF Document attached to this notice).(djy, ) [Transferred from Alabama Middle on 1/11/2019.]
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| Filing 21 Case reassigned to Honorable Judge Emily C. Marks. Honorable Judge Myron H. Thompson no longer assigned to the case as presiding judge. (dmn, ) [Transferred from Alabama Middle on 1/11/2019.] |
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Filing 20
ORDERED that the referral to magistrate judge order (doc. no. 14) is dissolved. Signed by Honorable Judge Myron H. Thompson on 11/2/2017. (kh, ) [Transferred from Alabama Middle on 1/11/2019.]
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| Motions No Longer Referred: #10 MOTION to Transfer Venue, Dismiss, Strike Collective Action Claims and Compel Individual Arbitration , #15 MOTION to Stay , #11 MOTION to Dismiss for Lack of Jurisdiction (kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 19 Corporate/Conflict Disclosure Statement by TitleMax of Alabama, Inc. re #17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement . (Powell, Charles) Modified on 9/29/2017 to create the docket entry relationship (kh, ). [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 18 Corporate/Conflict Disclosure Statement by TMX Finance, LLC re #17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement . (Powell, Charles) Modified on 9/29/2017 to create the docket entry relationship (kh, ). [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to TitleMax of Alabama, Inc. & TMX Finance, LLC Corporate Disclosures due by 10/2/2017. (Attachments: #1 Corporate/Conflict Attachment)(kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 16 RESPONSE in Opposition re #15 MOTION to Stay filed by TitleMax of Alabama, Inc.. (Powell, Charles) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 15 MOTION to Stay by Erika Brinkley, Jessica Davis, Kimberly Taylor, Jimanika West. (Fuller, James) [Transferred from Alabama Middle on 1/11/2019.] |
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Filing 14
(VACATED pursuant to 22 TEXT ORDER) ORDER REFERRING CASE to Magistrate Judge Honorable Judge Wallace Capel, Jr for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 9/8/2017. (kh, ) Modified on 11/2/2017 pursuant to the court's #20 order (kh, ). Modified on 8/13/2018 (djy, ). [Transferred from Alabama Middle on 1/11/2019.]
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| Filing 13 Case Reassigned to Honorable Judge Myron H. Thompson; Honorable Judge Wallace Capel, Jr no longer assigned to the case as presiding judge. (kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
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Filing 12
ORDER: Upon consideration of Defendant Titlemax of Alabama, Inc.'s Motion to Transfer Venue, Dismiss, Strike Collective Action Claims, and Compel Individual Arbitration (Doc. #10 ) and Defendant TMX Finance LLCs Motion to Dismiss for Lack of Personal Jurisdiction (Doc. #11 ), it is ORDERED that, on or before September 15, 2017, Plaintiffs shall file a written response and show cause, if any there be, why the motion should not be granted. Defendants may file replies on or before September 25, 2017. Additionally, the parties are hereby notified of the assignment of this case to a Magistrate Judge and their right to request reassignment. See Attached Explanation. As indicated in the notice of assignment, the parties must confirm their decision to consent to the Magistrate Judge in writing. Accordingly, Counsel for the parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk on or before September 20, 2017. CONSENT FORMS MAY NOW BE SUBMITTED ELECTRONICALLY. Signed by Honorable Judge Wallace Capel, Jr on 8/31/2017. (kh, ) [Transferred from Alabama Middle on 1/11/2019.]
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| Filing 11 MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by TMX Finance, LLC. (Attachments: #1 Exhibit A - Declaration of Stephen Paris, #2 Exhibit B - AL Secretary of State Record, #3 Exhibit C - Melech v. Life Ins. Co. of N. Am., #4 Exhibit D - Stevens v. Reliance Fin. Corp., #5 Exhibit E - Vogt v. Greenmarine Holding, #6 Exhibit F - Rumble v. Waterhouse)(Powell, Charles) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 10 MOTION to Transfer Venue, Dismiss, Strike Collective Action Claims and Compel Individual Arbitration by TitleMax of Alabama, Inc.. (Attachments: #1 Exhibit A - Joint Stipulation to Arbitrate Claims And Proposed Order, #2 Exhibit B - Declaration of Jennifer Roelle)(Powell, Charles) [Transferred from Alabama Middle on 1/11/2019.] |
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Filing 9
ORDER granting #8 Motion for Extension of Time to File A Response to Complaint. Signed by Honorable Judge Wallace Capel, Jr on 8/14/2017. (kh, ) [Transferred from Alabama Middle on 1/11/2019.]
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| Filing 8 MOTION for Extension of Time to File Response to Complaint [UNOPPOSED] by TMX Finance, LLC, TitleMax of Alabama, Inc.. (Powell, Charles) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 7 Return Receipt Card showing service of complaint and summons signed by amy McLaren for TMX Finance, LLC served on 7/28/2017, answer due 8/18/2017. (dmn, ) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 6 Return Receipt Card showing service of Summons and #1 Complaint signed by Laura McHaney for TitleMax of Alabama, Inc. served on 7/25/2017, answer due 8/15/2017. (kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 5 Case Reassigned to Honorable Judge Wallace Capel, Jr; Honorable Judge Susan Russ Walker no longer assigned to the case as presiding judge.(kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 4 Summons Issued as to TMX Finance, LLC, TitleMax of Alabama, Inc. and mailed CMRRR with copy of #1 Complaint (kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for Erika Brinkley, Jessica Davis, Kimberly Taylor, Jimanika West (kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 2 Corporate/Conflict Disclosure Statement by Erika Brinkley, Jessica Davis, Kimberly Taylor, Jimanika West. (kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
| Filing 1 COMPLAINT against TMX Finance, LLC, TitleMax of Alabama, Inc. ( Filing fee $ 400.00 receipt number 4602046130.), filed by Jessica Davis, Jimanika West, Kimberly Taylor, Erika Brinkley. (Attachments: #1 Filing Fee Receipt)(kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
| DEMAND for Trial by Jury by Erika Brinkley, Jessica Davis, Kimberly Taylor, Jimanika West. (no pdf document attached to this entry - see docket entry #1 for pdf)(kh, ) [Transferred from Alabama Middle on 1/11/2019.] |
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